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(a)Goals of the manual. (1)The Capitol Collections Management Manual has been developed by the curator of the Capitol to further define the Texas Capitol collections policy, detailing the specific procedures that are to be followed to fully carry out the guidelines of the collections policy. (2)The overall goal of the policy and the management manual is to collect, preserve, protect, interpret, and maintain information on original or period objects of historical significance to the Capitol or the State of Texas or appropriate to the early period of the Capitol's history (circa 1880-1920). (b)Responsibility for collections and Collections Review Committee. (1)The State Preservation Board was established as an agency in 1983 to preserve, maintain, and restore the State Capitol, its contents, and grounds (Texas Government Code, Chapter 443). (2)In order to assist the State Preservation Board and the office of the State Preservation Board in carrying out the purpose of the collections policy, a collections review committee shall be formed. (3)The Collections Review Committee shall be composed of five members appointed by the office of the State Preservation Board and approved by the State Preservation Board. The committee members shall be residents of the State of Texas and recognized authorities or scholars in one or more of the following fields: Texas material culture; American decorative arts (19th century emphasis); Texas paintings (historical); Texas history; or a related field. The term of the appointments shall be three years. To allow for staggered terms, two of the first appointments will be for the full three-year term, to be determined by random selection. (4)The Collections Review Committee's responsibilities primarily focus on the advisory review of staff recommendations concerning acquisitions, deaccessions, and loans. The committee may conduct its advisory review process via correspondence, but shall meet as a group at least once a year prior to each year's first meeting of the State Preservation Board, and shall report to the board, along with the curator of the Capitol, on the status of the collections based on the prior year's activities. The curator of the Capitol and other related staff shall attend each committee meeting and shall assist with the formulation of the meeting's agenda. (c)Methods of acquisition. (1)The office of the State Preservation Board shall acquire the collections through purchase, gift, bequest, or any other transaction consistent with applicable state or federal requirements by which title to objects is transferred to the board. The office of the State Preservation Board shall acquire objects unencumbered by conditions imposed by the owner, donor, consignee, of by the nature of the material itself, unless otherwise approved by the board. The curator of the Capitol will report to the board on new acquisitions and request the board's formal approval of the acquisitions at each meeting of the board. (2)Prior to purchase, the office of the State Preservation Board will attempt to acquire the object or comparable material through gift, bequest, or transfer. Only items which the office of the State Preservation Board feels can be given proper care for an indefinite period of time will be acquired. Items known to have questionable provenance or title or obtained through illicit trade shall not be acquired. Only when the office of the State Preservation Board has determined to the best of its ability that material has been collected, exported, or imported in compliance with the laws and regulations of the country of origin, of the federal government of the United States, and of individual states within the United States, shall material be acquired by the board. The office of the State Preservation Board will conduct its collecting activities with a reasonable certainty that its approach is consistent with the spirit and intent of these laws and programs. (3)If it determined that an object offered for acquisition is stolen property or has entered the United States illegally, the office of the State Preservation Board will report all pertinent facts, in writing, to the Collections Review Committee and the board. (d)Donation, bequests, purchases, and other transactions. (1)All donations shall be referred by the office of the State Preservation Board to the Collections Review Committee for advisory review and comment. Taking into consideration the comments of the Collections Review Committee, if a donation is unencumbered, and meets the purposes of the board, the office of the State Preservation Board may accept the material for receipt. If the item is encumbered in any manner, the donation shall be submitted for prior approval to the board. All encumbrances shall be stated clearly in an instrument of conveyance, shall be made part of the State Preservation Board permanent record, and shall be observed by the executive director and the curator of the Capitol of the State Preservation Board. Whenever possible donations should be accompanied by funds which will be restricted to an endowment for conservation and collection. Applicable Internal Revenue Service rules related to donations shall be adhered to by all relevant parties. (2)In the absence of indication to the contrary, the State Preservation Board, the executive director, the curator of the Capitol, and the Collections Review Committee shall assume that all donors are sole owners and shall have no responsibility for confirming ownership. In addition, if the donor possesses copyright to material, he shall be encouraged to relinquish and transfer to the board all right, title, and interest in copyright and transfer the exclusive rights of reproduction, adaptation, and distribution to the board. If this is not agreed upon, the material shall be treated as an encumbered donation. (3)The board reserved the right to accept or refuse any bequest of collection material or any part thereof made to it. In reviewing a bequest, the board shall follow the same procedures as for donations. (4)All items considered for purchase shall be referred by the curator of the Capitol to the Collections Review Committee for advisory review and comment. A written appraisal from a licensed appraiser shall be obtained by the curator prior to the purchase of items over $10,000 and otherwise deemed advisable. Taking into consideration the comments of the committee and the recommendations of the curator of the Capitol, the office of the State Preservation Board may purchase items under $10,000 given the availability of necessary funds. Items over $10,000 shall require the approval of the board prior to purchase. (5)The board may also acquire items through interagency transfer as provided by the Texas Government Code, §443.017 and other applicable state law. (6)Any other transaction by which title to material is transferred to the board shall be approved by the board upon the recommendation of the executive director of the State Preservation Board, the curator of the Capitol and the advisory review of the Collections Review Committee. (7)Board members, staff of the State Preservation Board, or Collections Review Committee members shall not give appraisals, either of donations, of privately owned materials, or otherwise; however, upon request of the curator of the Capitol may suggest possible appraisers to the potential donor. In most cases, at least three appraisers should be suggested. (8)State law provides that in most cases all records of a governmental body are open to the public following procedures established under the Open Records Act. One exception to that rule is information pertaining to appraisals or the purchase price of personal property for public purposes prior to the formal award of the contract. (e)Deaccessioning. (1)The board may deaccession material in order to refine its collections and effect exchanges or purchases of material more in keeping with its purposes. All material considered for deaccessioning by the curator of the Capitol must be referred to the Collections Review Committee for advisory review, and then approved by the executive director of the State Preservation Board and the board prior to deaccession. No donated object shall be deaccessioned for any reason for two years and one day after the date of its acquisition. (2)The procedures for deaccessioning material from the Capitol collections shall be consistent with those procedures established by Article 601b, Vernon's Civil Statutes. Items shall not be returned to donors. However, when applicable, the donor shall not be precluded from purchasing material if it is offered at public sale. The curator of the Capitol shall make a reasonable attempt to notify the donors of the material 30 days prior to any such sale. All monies received from the deaccessioning of material shall be placed in a fund restricted for acquisitions or direct care of the collections. (3)Prior to deaccessioning, the curator of the Capitol shall determine current fair market value of the material. Two independent appraisals shall be obtained for items valued potentially over $10,000. (4)No board or Collections Review Committee member, staff person of the office of the State Preservation Board, or other individuals designated by the board may purchase deaccessioned items from the board. Museum ethics as well as discretion should always be exercised in such instances. (5)A complete file on all deaccessioned materials shall be maintained by the curator of the Capitol. (6)In deaccessioning, the board shall give preference to retaining material that is part of the artistic, historical, or cultural heritage of the Capitol or the State of Texas. (f)Loans to the board. (1)Loans to the board shall only be approved when consistent with its programs and activities. Loans shall be referred by the curator of the Capitol to the Collections Review Committee for advisory review and comment. Taking into consideration the comments of the committee, the curator of the Capitol may accept loans to buildings and grounds under the jurisdiction of the board. (2)Items placed in the Capitol on a short-term exhibit basis that fall under §111.13 of this title (relating to Exhibitions and Events in the Capitol Building) are not included under this manual and shall be monitored by the curator of the Capitol according to established procedures. All loans shall be for specific periods of time. Permanent or indefinite loans will not be accepted. (3)All rules and regulations governing loans to the Capitol shall be clearly stated in a contractual document and agreed to by the lender and the office of the State Preservation Board prior to the latter's taking custody of loaned material. Items on loan for display in the Capitol shall be treated as permanent collection items, the curator of the Capitol being responsible for their maintenance and handling. However, insurance shall be carried by the lender unless other arrangements, in contractual format, are agreed upon in advance. If the loan has any unusual encumbrances, it must also be approved by the board. Items on loan for review as potential purchases or donations shall be treated as temporary custody items, and a contractual agreement with specific terms or conditions shall be completed. (4)Every attempt shall be made to keep in yearly contact with the owner of the loaned material. In the event that the existence and location of the owner is unknown to the curator of the Capitol for longer than three years, the Texas Escheat Laws, located at the Texas Property Code Annotated, §72.101 et. seq., shall take effect and be followed by the office of the State Preservation Board. The office of the State Preservation Board shall only return lent material to the original lender or duly authorized agents. Heirs must present legal proof of ownership before the board will release lent material. (5)Complete records of all loan transactions shall be kept by the curator of the Capitol. (g)Loans from the board. (1)Since the Capitol collections consist primarily of objects that are either being used or displayed in functional or public areas of the building, and because of limitations of staff and equipment, as a general rule the loan of items from the Capitol collections will not be approved. This loan policy does not apply to items released from conservation treatment or short-term storage. (2)Any deviation from this loan policy must be approved by the curator of the Capitol (with the advisory review of the Collections Review Committee) and the board. In order to be considered, a potential borrower preferably should be an established museum, in most cases preferably accredited by the American Association of Museums. The borrowing institution's security, climate control, and other factors will be taken into consideration during the review process. In the event a loan from the collection is approved, insurance will be carried by the borrower who will provide the board with a wall-to-wall certificate of insurance. Any exceptions must be made in advance in a contractual document. All rules and regulations governing loans from the Capitol collections will be clearly stated in a contractual document and agreed to by the borrower and the office of the State Preservation Board prior to releasing material to the borrower. (h)Documentation of collections. (1)Items of historical significance under the purview of the State Preservation Board will be accessioned and catalogued according to standard museum methods. (2)In addition to an item's state inventory number or any other number, each object will be assigned a Capitol historical artifact (CHA) number. The numbers will be assigned sequentially on a yearly basis. The prefix of the number will be the year of accession, followed by a sequential number (ie. 1988.1, 1988.2, 1988.3, and so on). An "R" preceding the CHA number shall identify items that are reproductions of original Capitol furnishings items. These items will be referred to as the Reproduction Capitol Historical Artifact Collection. A label will be affixed to each item noting that it is a Capitol historical artifact. In addition, the accession number will be permanently marked on the item following accepted museum methods. An annual inventory of the collection will be conducted by the curator of the Capitol. (3)Each accession will be promptly entered into an accession book, in order by CHA number. The accession book will contain the following information for each item: CHA number, state inventory number (or other number), name brief description and measurements, source, date of accession, and location. In addition, all accession and basic catalog information on each CHA will be entered on a computer database. (4)A catalog report will be completed for each item and updated as required. A black-and-white (color when necessary) contact print of the object will be affixed to each report. The original catalog reports will be placed in an archival sleeve and filed in the appropriate object file. Copies of the catalog reports will be kept in notebooks in order by CHA number. Additional files on the collections will be maintained, including: (A)object files kept in archival file folders: (i)original catalog report; (ii)photographs of the object and, when generated, an eight-inch by ten-inch black-and-white photograph in archival sleeve; (iii)copies or originals of any invoices, receipts, or other paperwork related to acquisition; and (iv)background information and research on the object; (B)photographic files: (i)each CHA will be professionally photographed in 2 1/4-inch or four-inch by five-inch black-and-white format, and color when appropriate; (ii)resulting negatives and transparencies will be labeled and kept in archival storage files by negative/transparency size, filed in CHA order; (iii)an eight inch by ten inch black-and-white print will be developed, labeled and filed in each CHA object file as funding permits; (iv)any additional 35mm black-and-white and color prints and negatives related to the collections will be assigned photo numbers and filed chronologically by date photographed in archival boxes; (v)black-and-white (and color when applicable) condition photographs will be taken of any defects, flaws and/or damages to CHAs; one set will be filed in the object files, a copy set with negatives will be filed per clause (iv) of this subparagraph. (C)maintenance log: (i)a ledger will be maintained noting each repair or maintenance made to a CHA, including work done, by whom, cost, completion date, and photo numbers of any supporting photographic documentation; (ii)this information will also be added to the collections computer database file for the affected CHA. (D)deaccession files: (i)a ledger listing all deaccessions in chronological order will be maintained; (ii)background deaccession file information will be kept in the appropriate object file. (E)room files (where applicable): (i)layout of each room with each object noted on diagram; (ii)copies of catalog reports; (iii)list of any loan items in room; and (iv)memos or other information related to the room. (5)To assist in the public's understanding and appreciation of the Capitol collections, upon completion of the Capitol Interior Preservation Project, descriptive catalogues should be prepared for the various rooms where the objects are displayed (as applicable), providing both general information as well as specific data on each object in the room. At an appropriate point, funding should be secured to publish a permanent printed catalog of the Capitol's collections. (6)Documentation shall also be maintained on the loan collections. The numbering system will consist of an "L" designating a loan, followed by a sequential number, determined by the order of the loan, followed by the year the loan was accepted; (L2.1993, L3.1993). The loans will be entered into a separate accessions book, clearly labeled loan collection. Files for each loan object will be maintained, including a simplified catalog report, the original signed loan agreement and other related paperwork, and a snapshot photograph. Information on loan objects should be included in the room catalogues mentioned in paragraph (5) of this subsection. (7)To safeguard the primary documentation files, copies of the collections database printout and CHA catalog reports shall be deposited with the Texas State Archives and updated on a quarterly basis. (i)Care of collections and amendments. (1)The curator of the Capitol is responsible for the care of the collections. Maintenance, repair, or restoration of objects in the collections shall be approved by the curator. All such work will be noted in the maintenance log, and the catalog reports will be updated as necessary, and repair receipts and invoices filed in the object files. (2)As outlined in the Texas Government Code, §443.017, the State Preservation Board can require a state agency or other state entity to transfer certain items of historical significance from that state or entity's inventory to State Preservation Board inventory. The following additional procedures shall be followed to assist the curator in the care of such items. (A)The curator of the Capitol shall provide to the appropriate personnel charged with property responsibility at each applicable state agency a list of all items being used by their agency that are Capitol historical artifacts under State Preservation Board inventory. This list shall include the object's state inventory number, its Capitol historical artifact number, and location. (B)The appropriate personnel must inform the curator if they wish to change the location of a Capitol historical artifact. Such items may only be moved or handled under the direct supervision of State Preservation Board curatorial staff. (C)The appropriate personnel must contact the curator to request any maintenance or restoration work on a Capitol historical artifact. Such work must be approved, supervised, and/or coordinated by the State Preservation Board curatorial staff. (D)Deaccessioning (selling, disposing of, or otherwise deleting from inventory) of any Capitol historical artifact can only be approved and coordinated by the State Preservation Board (see subsection (e) of this section). (3)At least every five years, the curator shall contract with a qualified conservator(s) to survey the collections and to prepare a report on their condition. The curator will maintain all reports on conservation actions taken by conservators and update the files accordingly. (4)Due to the fact that the Capitol is a functioning state office building, the office of the State Preservation Board shall coordinate security, atmospheric and emergency concerns with the Capitol police. Museum standards will be followed when feasible and practical, including the development of an emergency procedures manual addressing staff responsibilities in the event of theft, flood, fire, storm, explosion, war, and nuclear disaster. (5)The provisions of the manual may be revised, deleted, and amended upon advisory review of the Collections Review Committee, and the approval of the curator of the Capitol and the executive director of the State Preservation Board, and the State Preservation Board.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000
TRD-200002519 Richard L. Crawford
Executive Director
State Preservation
Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
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